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Elements of Proving Negligence

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It is evidently clear from the discussion that the four elements of proof necessary for a plaintiff to prove negligence include the duty of care, breach of duty, injury, and proximate cause. Health care providers are charged with a duty to care for the patient(s) based on an established relationship between the patient and the care provider. However, the healthcare provider is not liable for any person who is not regarded as a patient in the capacity of the provider. The provider is expected to act in full capacity in ensuring that the patient’ s care needs are met, failure to which negligence may result.

Breach of duty is realized when the care provider fails to meet predetermined care standards or even deviates from a commonly known competent professionalism. This malpractice is in most cases realized from hazards and /or risks associated with a given medical procedure. To avoid this malpractice, care providers often ensure that they make use of informed consents before performing medical procedures that are highly likely to result in a breach of duty. Failure to undertake care duty towards a patient by a care provider could also result in negligence.

The injury that results from medical malpractice attracts damages. Damages recovered are meant to compensate the plaintiff for the suffered loss or injuries. Finally, proximate cause assesses the facts behind the causation of the malpractice; negligence. The idea of proximate cause is not to evaluate the injury itself, but the events and facts that led to the injury. The functions and responsibilities served by boards in the healthcare setting are relatively complex compared to boards that operate outside the healthcare setting.

This complexity is caused by health care regulations, especially by the government. The functions and responsibilities of the governing board of a health care corporation include establishing corporation direction, ensuring that the corporation complies with the set regulations, addressing shareholder interests, providing advice and expertise to the corporation management, and ensuring that the long-term vision of the corporation is pursued.

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